Growing concerns over secrecy in the country’s presidential pardon process have sparked demands for reforms to ensure transparency and fairness.
The demands follow President Lazarus Chakwera’s pardon of 21 inmates, during Easter celebrations, whose identities have been kept under wraps.
The lack of transparency of the matter gave rise to claims that government was keeping a tight lid on the list of pardoned inmates.
The rumour mill was also rife that among those pardoned was wildlife trafficking and money laundering convict Lin Yunhua, who now faces corruption charges.
However, in separate interviews this week, Director of Public Prosecutions (DPP) Masauko Chamkakala and Ministry of Homeland Security Principal Secretary Steven Kayuni denied the claims that some murder suspects were also among the pardoned.
On his part, Kayuni said violent crimes do not make the list of crimes that the ministerial pardon committee can, by law, recommend for consideration to the President.
In an interview on Friday, Centre for Human Rights and Rehabilitation (CHRR) executive director Michael Kaiyatsa said several aspects of the pardon system require urgent review.
According to him, there must be a legal obligation to publish the list of individuals considered and granted pardons, including the rationale for each decision.
Said Kaiyatsa: “The absence of a standardised framework for granting pardons makes the process vulnerable to arbitrariness and potential abuse.
“Criteria should include considerations such as evidence of rehabilitation, the nature of the offence and recommendations from independent bodies.”
He added that a non-partisan, independent advisory board should vet pardon applications to ensure decisions are fair and based on merit.
“Furthermore, there should be strict limitations or additional scrutiny when pardons involve politically-exposed persons such as political allies, friends and relatives of politicians.”
Kaiyatsa also indicated that the entire process should be subject to parliamentary oversight, with the relevant parliamentary committees empowered to demand full disclosure and scrutinise the basis for each pardon, particularly where decisions may affect the public interest.
In a separate interview, Centre for Human Rights Education, Advice and Assistance (Chreaa) executive director Victor Mhango said the secrecy surrounding presidential pardons is deeply concerning, adding that without transparency or clear criteria, the process risks undermining public trust and the integrity of the justice system.
He said Malawians deserve to know why certain individuals are released, especially in a system where many remain incarcerated under harsh conditions.
Said Mhango: “We urge the government to reform the pardon process by introducing clear guidelines, public disclosure and independent oversight to ensure fairness, accountability and justice for all.”
Attorney General Thabo Chakaka-Nyirenda recently told the media that the government will soon finalise the process of reviewing the guidelines.
He said some gaps were observed in the guidelines, which were last reviewed in 1999.
In an earlier interview, Malawi Prisons national spokesperson Steve Meke declined to provide details of those pardoned during Easter celebrations, including the sentences they were serving, citing security and privacy.
